Armed Forces: A400M

Lord Jones: asked Her Majesty's Government:
	When the A400M heavy-lift aircraft will be in service.

Baroness Taylor of Bolton: The in-service date of the A400M (defined as acceptance into service of the seventh aircraft) is 2011.

Armed Forces: A400M

Lord Jones: asked Her Majesty's Government:
	How many A400M aircraft they will purchase for the Armed Forces.

Baroness Taylor of Bolton: The UK Government have ordered 25 A400M aircraft.

Armed Forces: A400M

Lord Jones: asked Her Majesty's Government:
	How many jobs will be created in the United Kingdom by the purchasing of A400M aircraft.

Baroness Taylor of Bolton: The A400M prime contractor, Airbus Military, is free to select equipment through competition so that the programme is organised and managed as cost-effectively as possible. However, in 2003, Airbus UK estimated that the A400M programme would directly create up to 2,500 high-quality jobs in the UK—notably in design and advanced manufacture. It also calculated that indirect employment could bring that figure to over 8,000. There has been no update to these figures since 2003.

Aviation

Viscount Waverley: asked Her Majesty's Government:
	How they ensure the continuation of air-links between United Kingdom airports and destinations that have historical associations with the United Kingdom, regardless of their levels of profitability.

Lord Bassam of Brighton: Other than where the European Commission has been granted a mandate on behalf of the European Union and its member states, the Department for Transport negotiates bilateral air service agreements with other countries on behalf of the UK. These set the legal framework within which airlines operate on a commercial basis. The UK's objectives in negotiations are to achieve the best overall outcome for the UK and generally to seek a liberalisation of the market concerned. The UK's bilateral air services arrangements are regularly reviewed, and as such seek to reflect changes in the global aviation market.

Aviation: Taxation

Lord Hanningfield: asked Her Majesty's Government:
	What estimate they have made of the effect on annual carbon dioxide emissions if airlines are taxed per plane rather than per passenger.

Lord Davies of Oldham: The Chancellor announced at Pre-Budget Report 2007 that air-passenger duty would be replaced by a per-plane duty in November 2009. A formal consultation on this new tax, which considered all aspects of the operation of the duty, closed on 24 April. Over 160 responses were received and Treasury officials are currently considering and analysing these responses in the policy design process. No decisions have yet been made on the design of the duty. The Chancellor will announce the policy in the autumn. The initial impact assessment published with the consultation document made an estimate of carbon reductions from the increase in the duty of 0.5MtCO2 in 2010-11. As the details of the duty are not set, it is not possible to make any further estimates.

Coroners

Lord Laird: asked Her Majesty's Government:
	How often the power of coroners in Northern Ireland not to hold inquests in cases of suicide was exercised in each of the past five years; whether they will extend the right of families to decide on the holding of an inquest into suicides to include other interested parties; and whether they plan to change the law or policy in this area.

Lord Hunt of Kings Heath: In 2006-07, 250 cases which were classified as suicide were dealt with by coroners, and in 231 of these cases the coroner determined that an inquest should not be held.
	In 2007-08, 224 cases which were classified as suicide were dealt with by coroners, and in 210 of these cases the coroner determined that an inquest should not be held. Information is not available prior to April 2006 when the new Coroners Service for Northern Ireland was established.
	Families or other interested parties do not have the right to determine whether an inquest should be held. That power rests with the coroner. It is, however, normal practice for coroners to consult families before reaching a decision on whether or not to hold an inquest. There are no plans to change the law at present.

Coroners

Lord Laird: asked Her Majesty's Government:
	Whether they will consult the Northern Ireland Executive about extending to Northern Ireland the whole of the proposed Coroners and Death Certificate Bill, announced in their draft legislative programme for 2008—09.

Lord Hunt of Kings Heath: The Government have no plans to extend the Coroners and Death Certification Bill to Northern Ireland. Developments in England and Wales will however be taken into account in considering the need for reforms in Northern Ireland.

Crime: Murder

Lord Tebbit: asked Her Majesty's Government:
	How many people have been killed since 1963 by persons previously convicted of murder or manslaughter.

Lord West of Spithead: Between 1963 and 2006-07, a total of 116 persons in England and Wales are known to have been killed by persons who had been previously convicted of homicide.
	As with previous Answers, the figure excludes persons who have been killed by those who may have been convicted outside England and Wales (for whom there is incomplete information), and persons who have been killed by those not previously convicted of homicide by reason of their mental state.

Crime: Sentencing

Lord Laird: asked Her Majesty's Government:
	What are the current guidelines for the judiciary in Northern Ireland on sentencing for burglary; and whether they will review them in light of the levels of repeat offending.

Lord Hunt of Kings Heath: The Northern Ireland Court of Appeal delivers judgments on sentencing in Northern Ireland, within the relevant statutory framework set by Parliament. The cases concerning sentencing for the offence of burglary include:
	NICA 29 ("sneak thieving"); and R v Murray and Armstrong [2003] NICA 24 (aggravated burglary).
	Judges may also have regard to sentencing guidelines in England and Wales.
	The Government have no current plans to amend the law in relation to the sentences available in respect of convictions for burglary.

European Court of Justice: Judges

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What are the salary, pension and healthcare provision for judges and advocates-general of the European Court of Justice.

Lord Malloch-Brown: The terms and conditions for judges and advocates-general of the European Court of Justice (ECJ) are set out in European Communities staff regulations. The basic salary of members is €19,063 per month, equivalent to approximately £182,000 per year at current exchange rates.
	Members of the ECJ belong to the contributory final salary pension scheme paid for from the general EU budget. A contribution of 10.25 per cent is deducted from their monthly basic salary. After ceasing to hold office, members of the ECJ are entitled to a pension for life payable from the age of 65. The amount of pension is calculated on the basis of 4.275 per cent of their final basic salary per year in office. The maximum pension shall be 70 per cent of the basic salary last received.
	Members of the ECJ are entitled to sickness, occupational disease, industrial accident and birth and death benefits under a social security scheme funded by the Communities, to which they contribute 2 per cent of their basic salary. This scheme reimburses 80 per cent of medical costs.

European Court of Justice: Staff

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether funds are available to increase the number of legally qualified staff of the European Court of Justice; and if so, when additional staff will be recruited.

Lord Malloch-Brown: In this year's budget, the European Court of Justice (ECJ) has asked for the creation of a number of new posts, including in relation to the recent introduction of the "urgent preliminary ruling procedure"—a procedure established for dealing with references from national courts, in particularly urgent cases arising in the area of justice, freedom and security (which could include cases relating to detained persons, or family law cases involving children).
	The ECJ will receive a definite answer when the ongoing budgetary procedure is finalised. If the budget provisions are approved by the budgetary authorities, the council and the European Parliament, the Court will start recruiting the additional staff.

Freedom of Information

Lord Hanningfield: asked Her Majesty's Government:
	Whether the Freedom of Information Act 2000 is working effectively; and whether they plan to reform the Act.

Lord Hunt of Kings Heath: The Freedom of Information Act is working effectively with a total of 105,000 requests dealt with under FOIA by central-government-monitored bodies during the period 2005 to 2007. Ninety per cent of these requests were answered within time; that is, a response was provided within the standard deadline or a permitted deadline extension was applied. Of those requests where it was possible to give a substantive decision on whether to release the information being sought, 64 per cent were granted in full.
	Currently, the Government are considering the response to their recent consultation on extending the coverage of the Act and are awaiting recommendations from a review of the 30-year rule commissioned last October by the Prime Minister. Other than any proposals they may put forward resulting from those initiatives and a number of minor orders, such as the order currently before Parliament to add six public bodies to the list of public authorities subject to the Act, the Government have no plans for reform at present. The legislation is, however, kept under constant review.

Freedom of Information

Lord Hanningfield: asked Her Majesty's Government:
	What is the estimated cost incurred by the Ministry of Justice in answering Freedom of Information requests from the Taxpayers' Alliance pressure group, including civil servants' time.

Lord Hunt of Kings Heath: My department does not hold information on estimated costs of responding to individual requests. Public authorities are not obliged under the Freedom of Information Act to calculate the costs of dealing with requests.
	Frontier Economics published a report in October 2006, which estimated the average cost of dealing with an initial request to central government at £183, including civil servants' time.
	A copy of the full report can be found in the Libraries of both Houses.

Freedom of Information

Lord Hanningfield: asked Her Majesty's Government:
	What is the estimated cost, including civil servants' time, of answering Freedom of Information requests from the Taxpayers' Alliance to the Department for Communities and Local Government.

Baroness Andrews: The department does not hold information on estimated costs of responding to individual requests. Complying with the Freedom of Information Act does not require compilation of such estimates.

Freedom of Information

Lord Hanningfield: asked Her Majesty's Government:
	What is the estimated cost, including civil servants' time, of answering Freedom of Information requests from the Taxpayers' Alliance to the Ministry of Defence.

Baroness Taylor of Bolton: The Ministry of Defence does not hold information on estimated costs of responding to individual requests. Complying with the Freedom of Information Act does not require compilation of such estimates.

Freedom of Information

Lord Hanningfield: asked Her Majesty's Government:
	What is the estimated cost incurred by the Foreign and Commonwealth Office in answering Freedom of Information requests from the Taxpayers' Alliance pressure group, including civil servants' time.

Lord Malloch-Brown: The Foreign and Commonwealth Office does not hold information on estimated costs of responding to individual requests. Complying with the Freedom of Information Act does not require compilation of such estimates.

Government: Online Transactions

Viscount Waverley: asked Her Majesty's Government:
	Whether communications between Her Majesty's Revenue and Customs and taxpayers are transacted online; and, if so, (a) whether there is any concern about fraudulent use of the relevant government computerised certificate; and (b) what liability would be accepted in the event of any fraudulent use of a certificate perceived as a government computerised certificate.

Lord Davies of Oldham: There are online communications between HM Revenue and Customs (HMRC) and customers, although the majority of interactions are still either by phone or by post. No such breaches of security have yet occurred and HMRC is confident that the risk of fraudulent use of a digital certificate is very low. HMRC makes taxpayers aware of the risks of online fraud on its website.
	Any liability would depend on the precise circumstances in which such a security breach occurred.

Government: Online Transactions

Viscount Waverley: asked Her Majesty's Government:
	Whether passports can be applied for online; and, if so, (a) whether there is any concern about fraudulent use of the relevant government computerised certificates; and (b) what liability would be accepted in the event of any fraudulent use of a certificate perceived as a government computerised certificate.

Lord West of Spithead: Applications for passports can be completed online. However, the completed form is posted to the applicant to be signed and for photographs and any necessary documents to be attached before the form is returned to the Identity and Passport Service. It is not possible to issue a passport other than as a printed book containing an electronic chip.

Housing: Commonhold

Baroness Scott of Needham Market: asked Her Majesty's Government:
	How many commonhold developments have been registered since enactment of the Commonhold and Leasehold Reform Act 2002.

Lord Hunt of Kings Heath: On 11 June 2008, there were 14 commonholds. Eleven were registered without unit-holders, suggesting that they were registered by a developer. The remainder were registered with unit-holders indicating that the registration was a conversion to commonhold by existing owners.
	The Government intend to publish a consultation paper later this year to find out why take-up is so low, and to identify any changes to the legislation that are necessary to increase it.

Law Commission: Recommendations

Lord Goodlad: asked Her Majesty's Government:
	When they will implement the recommendations in the Law Commission's 2005 report, Unfair Terms in Contracts; and
	When they will implement the recommendations in the Law Commission's 2001 report, Third Parties-Rights Against Insurers; and
	When they will implement the recommendations in the Law Commission's 2005 report, The Forfeiture Rule and the Law of Succession; and
	Why there has been a delay in implementing the recommendations in the Law Commission's 1993 report, Legislating the Criminal Code: Offences against the Person and General Principles; and when they will implement these recommendations; and
	When they will respond to the Law Commission's 2005 report, Company Security Interests; and
	When they will respond to the Law Commission's 2006 report, Termination of Tenancies for Tenant Default.

Lord Hunt of Kings Heath: In July 2006, the then DTI (now BERR) Minister, Ian McCartney, wrote to the Law Commission to say that the Government accepted in principle the Commission's recommendations on unfair terms in contracts, subject to an evaluation of the impact of the reforms. This is now under way. BERR will be considering implementing the reforms as part of its broader review of consumer law.
	Having considered the Law Commission's proposals in Legislating the Criminal Code, the Home Office published a consultation document in February 1998 that set out the Government's proposals in this area. Responsibility for the law in this area has now passed to the Ministry of Justice. At present, the Government are undertaking a review of the law on murder that will cover the partial defences of provocation and diminished responsibility, infanticide and complicity. The Government wish to progress the review of murder before undertaking any review of lesser offences of violence.
	Following the Law Commission's report, Company Security Interests, a power to amend the scheme for registration of charges, which could be used to implement some but not all of the report's recommendations, was included in the Companies Act 2006. This power will come into force in October 2009. The Government will give further consideration to bringing forward proposals for implementing measures under this power and to their response to the report overall.
	The Government are analysing the impact of the Law Commission's recommendations in Terminations of Tenancies for Tenant Default, and hope to be able to respond by the end of the year.
	The Government will implement the recommendations in Law Commission's reports, Third Parties-Rights Against Insurers and The Forfeiture Rule and the Law of Succession when Parliamentary time allows.

National Lottery

Lord Jones of Cheltenham: asked Her Majesty's Government:
	Whether they will allow citizens of the Overseas Territories to (a) purchase tickets for and (b) receive winnings from the National Lottery.

Lord Davies of Oldham: Any visitor to the UK, including citizens of the British Overseas Territories, can purchase National Lottery tickets from a lottery retailer; and would be entitled to claim any winnings, in accordance with the rules.
	To be eligible to play the National Lottery by subscription or via the internet, an applicant is required to have (and maintain):
	a UK or Isle of Man address, from which the application is made; anda UK or Isle of Man bank or building society account from which payment will be made.

Olympic Games 2012: Budget

Lord Jopling: asked Her Majesty's Government:
	What action has been taken by professional accountancy bodies under their disciplinary procedures against those responsible for inaccurate budgets for the bid for the 2012 London Olympics.

Lord Davies of Oldham: I am not aware of any disciplinary issues being undertaken by professional accountancy bodies in this respect. The estimated cost of the Games at the time of our bid was based on the best advice and information available at that time from a range of building and finance professionals, and was signed off across government. Most of the difference between the bid estimate and the funding package that I announced in March 2007 is accounted for by subsequent decisions in relation to programme contingency, tax and security.

Questions for Written Answer: Guidance to Civil Servants

Lord Laird: asked Her Majesty's Government:
	When the most recent guidance on Answers to Parliamentary Questions was provided to the Northern Ireland Office; and whether they will place a copy of it in the Library of the House.

Lord Rooker: I refer the noble Lord to the Answer given on 20 May 2008 (Official Report, col. WA 183).

Sexual Offences Act

Lord Hylton: asked Her Majesty's Government:
	Whether they will examine the wording of Section 15 of the Sexual Offences Act 2003 to ascertain (a) whether the definition of sexual grooming is sufficiently precise, and (b) whether the definition of intention is sufficiently precise; and whether they have issued or will issue guidance on these matters.

Lord Hunt of Kings Heath: The Government believe that in the formulation of Section 15 of the Sexual Offences Act 2003, the definition of each offence is precise.
	The section is intended to protect children from adults who communicate with them through, for example, meetings, telephone conversations or the internet, and then arrange to meet them with the intention of committing a sexual offence against them, either at that meeting or subsequently. The offence is committed when the adult intentionally meets the child or travels with the intention of meeting the child intending to do anything to or in respect of the child which, if done, would involve the adult in the commission of a relevant offence. When Section 73 of the Criminal Justice and Immigration Act 2008 is implemented, the offence will also be committed if the child travels to meet the offender.
	The evidence of the adult's intent to commit an offence may be drawn from the communications between the adult and the child before the meeting or may be drawn from other circumstances.
	This is covered in more detail in the Explanatory Notes to the Act, which can be viewed on the website of the Office of Public Sector Information.

Sport: UK Deaf Sport

Lord Morris of Manchester: asked Her Majesty's Government:
	What assessment they have made of the effect on the future of UK Deaf Sport of the decision of UK Sport to discontinue its £42,000 annual grant to UK Deaf Sport; and whether they will review the decision.

Lord Davies of Oldham: No assessment has been made about the effect on UK Deaf Sport of UK Sport's decision to discontinue its annual grant.
	Following London's successful bid to host the 2012 Olympic and Paralympic Games, UK Sport was asked to produce a new investment framework in 2006 to focus on a programme of support for elite athletes to enable them to achieve ambitious medal goals for London 2012.
	However, UK Sport's world-class performance programme does not discriminate against deaf athletes, with some having previously received support through the programme to compete at the highest level.
	The Department for Culture, Media and Sport has consistently advised UK Deaf Sport to contact Sport England about alternative funding options, including a possible lottery application. Sport England has yet to receive such an application from UK Deaf Sport.

Sudan: Security Council Resolutions

Lord Rana: asked Her Majesty's Government:
	What steps they are taking to ensure the implementation of Security Council Resolution 1325 (S/RES/1325) (31 October 2000) in southern Sudan.

Lord Malloch-Brown: The Government are committed to enhancing the important role that women have to play in preventing and resolving conflicts and building sustainable peace. The UK was a driving force behind the adoption of UN Security Council Resolution (UNSCR) 1325, which placed these issues firmly on the UN's agenda.
	We promote the implementation of UNSCR 1325 throughout Sudan. In 2007, the UK contributed 60 per cent (US$590,701) of the total budget of the UN Common Humanitarian Fund, which includes support for civil society projects to prevent gender-based violence and to promote women's leadership in society.
	Through the Department for International Development's governance programme, we provide training for the police, judiciary and prison officers to enable them to tackle gender-based violence more effectively and support local non-governmental organisations to run workshops and media campaigns on HIV/AIDS, reproductive health and gender-based violence. Our embassy in Khartoum has supported conflict mitigation and peacebuilding initiatives which have encouraged women to lead on reconciliation efforts.
	In the UN, the UK supported the inclusion of language on UNSCR 1325 in Security Council resolutions relating to the UN peacekeeping missions in Sudan. For example, the following language was included in the most recent mandate for the UN mission in Sudan:
	"emphasising in particular the role of women in the prevention and resolution of conflicts and in peacebuilding, as recognised in resolution 1325".
	The UK also supports the UN Department of Peacekeeping Operations' work to incorporate gender issues into all peacekeeping missions. Additionally, we raise gender-related issues through the EU-Sudan Dialogue on Human Rights.
	We continue to develop our national action plan on UNSCR 1325, to promote and support the crucial role that women have to play in delivering sustainable peace and security in conflict areas, including southern Sudan.

Sudan: War Crimes

Lord Alton of Liverpool: asked Her Majesty's Government:
	What assessment they have made of the report of the Aegis Trust alleging the Government of Sudan used counterinsurgency measures against the Justice and Equality Movement in Sudan that have included war crimes and crimes against humanity, including the murder of up to 100 civilians in the villages of Abu Suruj, Sirba and Silea.

Lord Malloch-Brown: Following the Justice and Equality Movement (JEM) attack on Omdurman, the Sudanese authorities have detained a number of Darfuris and non-Darfuris, and sought to retake villages in Darfur under the military control of JEM. We are in close touch with the Human Rights division of the UN Mission in Sudan (UNMIS) and the UN-African Union Mission in Darfur (UNAMID), which have sent a UN fact-finding mission to these villages.
	We have pressed the Government of Sudan to exercise restraint in their response to the JEM attack and follow due legal process for anyone arrested in connection with the attack. We will continue to raise any reported violations with the Government bilaterally and multilaterally, and remain in close contact with UNMIS and UNAMID.

Terrorism: Northern Ireland

Lord Maginnis of Drumglass: asked Her Majesty's Government:
	Whether the new scroll and emblem to be awarded to families of personnel who die on operations or as a result of terrorist action will be made retrospective to cover developments in Northern Ireland over the past 40 years; what consideration will be given to awarding it to families of Ulster Defence Regiment and Royal Irish Regiment soldiers who were off duty when killed; and whether consideration will be given to families of ex-Ulster Defence Regiment and ex-Royal Irish Regiment soldiers who were killed because of their previous service.

Baroness Taylor of Bolton: The Written Ministerial Statement on 10 June 2008 (Official Report, col. WS39) made clear that much detailed work would now be required to consider a number of issues relating to the military Chiefs of Staff recommendation that a new national award should be introduced for the families of those personnel who die on operations or as a result of terrorist action while on duty. This work will include: what the criteria for the award should be, how far it should go back and who will receive it. An implementation team is now working on these details and will include consideration of the points raised in their deliberations. I expect to be in a position to provide further details of the award later in the year.

Waste Management: Landfill

Lord Jones of Cheltenham: asked Her Majesty's Government:
	What advice and assistance they are providing to local authorities which are running out of landfill capacity.

Lord Rooker: There is sufficient landfill capacity to meet current arisings. Future landfill capacity is difficult to predict. However, the Government provide a wide range of assistance and guidance to authorities on alternatives to landfill through the Waste Infrastructure Delivery Programme (WIDP) and the Waste and Resources Action Programme (WRAP).
	WIDP aims to accelerate the delivery of the major infrastructure investment required to treat residual waste without compromising efforts to minimise waste and increase recycling levels. It is felt that only a combination of these activities will allow England to dramatically reduce the amount of biodegradable municipal waste sent to landfill, and make a significant contribution to tackling climate change.
	WIDP provides local authorities with high-quality, comprehensive support to ensure that the infrastructure requirement is met—including financial help through private finance initiative (PFI) credits (where appropriate), generic guidance and personal procurement support through the WIDP transactors.
	WRAP's Recycling and Organics Technical Advisory Team (ROTATE) provides support and guidance to local authorities in England and Northern Ireland for reducing residual waste for disposal and increasing recycling and diversion from landfill. WRAP also has a range of toolkits and best practice guidance for local authorities.